An interesting ruling recently, which I suspect has a lot more implications for commercial photographers than us amateurs, though with Flickr and some clever software to analyse it all, an awful lot of images could be shown to have prior art.
But anyway... this photograph by Justin Fielder, and licensed by the Temple Island Collection Ltd:
And this is the image New English Teas used on its packaging:
The latter looks to be a re-creation of the former, to avoid paying them a license fee for its use. The court agreed that it infringed copyright.
Full story here:
http://www.amateurphotographer.co.uk/news/photographers_face_copyright_threat_after_shock_ruling__news_311191.html
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They are two different photos & two different compositions. I bet hundreds of photographers have left just the Red bus in colour in similar shots.
Just a quick google came up with these.
This item was edited on Sunday, 29th January 2012, 12:03
I looked at this a few times and tbh, have to agree with Paull.
The clock faces are different shapes, the buildings have a different layout, the buses are at differing angles, the background tbh is completely different except it has similar style buildings in both.
The only actual similarities in both is a red bus on a black and white background with similar buildings.
If THAT is copyright capable then almost every photo now taken can be claimed as such.
I'm not suggesting that image 1 isn't the inspiration for image 2 as there is a similar feel to them but it could also be just complete random chance.
Jimbo : oÞ
"There's that word again... is there a problem with the Earth's gravitational pull in the future?"
I seems an amazing co-incidence though, that the tea company declined to use the original photo, but then happened to have a similar idea themelves.
To me it sounds similar to music cases, where bands have been taken to court accused of stealing a riff from another song and artist. I'm sure some haven't deliberately chosen to steal some music, but may have heard the original, or have by chance "copied" something already done.
The Tea company probably thought they could get away with stealing some-one else's idea